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(영문) 대전지방법원 2016.03.24 2016노22
야간건조물침입절도등
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for eight months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was physically and mentally weak at the time of committing the instant crime.

B. The sentence of the lower court against an unfair defendant in sentencing (the maximum of one year and the short of eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the determination on the assertion of mental and physical weakness, the defendant was diagnosed by the military court for the dependence on the use of alcohol on April 9, 2015 (Evidence 233). However, in light of various circumstances, such as the circumstance leading to each of the crimes of this case, the method and method of the crime, the process of the crime, and the defendant's behavior before and after the crime of this case, it cannot be deemed that the defendant did not have the weak ability to discern things or make decisions at the time of each of the crimes of this case, and thus, the above assertion by the defendant cannot be accepted.

B. The fact that the Defendant again committed the instant crime despite having received juvenile protective disposition several times prior to the determination of the unfair argument of sentencing is disadvantageous to the Defendant.

However, when considering various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime of larceny of this case, circumstances after the crime of this case, family relation, etc., the defendant's argument that the defendant's punishment of the defendant is unfair because the defendant's punishment against the victim D, G, J, M, and X is not wanting to be imposed by the defendant; the victim AJ for the victim C; the victim deposited money equivalent to KRW 1 million for the victim AJ; and the victim AJ for the victim AK; and the defendant made efforts to recover damage, such as deposit money equivalent to the amount of damage for the victim AK; the defendant's personality has not yet been mature; the defendant is a juvenile whose character is likely to improve his personality and behavior; and the defendant's age, sex behavior, environment, motive, means and consequence; and all other sentencing conditions stipulated in Article 51 of the

3. In conclusion, the judgment of the court below is reasonable in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is reasonable.

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